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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 13 AD3d 199

Regular Panel Decision

Heilbut v. Heilbut

This protracted 14-year case, 'Heilbut v. Heilbut', involves the Appellate Division's decision to impose sanctions against defendant Francis Heilbut and his attorney, Jack S. Dweck. The court found defendant's recent appeal frivolous, citing a history of delaying and obfuscating tactics in the underlying divorce and equitable distribution proceedings. Defendant had previously been held in contempt for non-compliance with court orders concerning the sale of marital property. The opinion emphasizes defendant's relentless campaign to prolong litigation despite numerous warnings. Consequently, plaintiff Monika Heilbut was awarded costs and attorney's fees, and significant sanctions were levied against both defendant and his counsel for their frivolous appellate practice.

Frivolous AppealSanctionsAttorney MisconductContempt of CourtDivorce ProceedingsEquitable DistributionAppellate ProcedureDelay TacticsVexatious LitigationNew York Law

References

Case No. ADJ19432813; ADJ19432814

Regular

Mar 24, 2025

Yeni Saenz vs. Kellermeyer Bergensons Services, LLC; Zurich American Dallas

Applicant Yeni Saenz sought reconsideration of a Workers' Compensation Administrative Law Judge's (WCJ) finding that her strike from a Qualified Medical Evaluator (QME) panel was untimely, granting the defendant the right to select the QME. The Workers' Compensation Appeals Board granted the petition for reconsideration, concluding that although the applicant's strike was indeed untimely, the defendant had subsequently waived its right to exclusively select a QME by failing to act within a reasonable time. Consequently, the Board rescinded the WCJ's decision and ordered the parties to proceed with Dr. Patrick S. Hill as the designated Qualified Medical Evaluator. Commissioner José H. Razo issued a dissenting opinion, arguing that the applicant had obfuscated the untimeliness of her strike and scheduled an appointment during the period when the defendant held the exclusive right to selection.

QME PanelUntimely StrikeLabor Code Section 4062.2WaiverTimely SelectionReconsiderationJoint Findings and OrderWCJAppeals BoardPetition for Reconsideration

References

Case No. MISSING

Regular Panel Decision

Carmel Central School Dist. v. VP Ex Rel. GP

This case concerns the Carmel Central School District's legal challenge to overturn administrative decisions that awarded tuition reimbursement to the parents of V.P. for her private school placement. V.P., a student with learning disabilities, was home-schooled and never received public special education services prior to her parents unilaterally enrolling her in the Kildonan School. After moving to the Carmel district, the parents sought reimbursement, which was initially granted by an Independent Hearing Officer and a State Review Officer. Presiding over the federal court case, Judge McMahon reversed the administrative decisions, ruling that the Individuals with Disabilities Education Act (IDEA) precludes reimbursement under these circumstances. The court found that the parents failed to provide timely notice and cooperation to the Carmel Central School District, thus denying the district a realistic opportunity to offer a Free Appropriate Public Education (FAPE) before the private placement. Furthermore, the court determined that equitable considerations did not favor the parents due to their consistent lack of cooperation and obfuscation of V.P.'s educational needs.

Individuals with Disabilities Education Act (IDEA)Tuition ReimbursementPrivate School PlacementFree Appropriate Public Education (FAPE)Summary JudgmentParental CooperationSchool District ResponsibilitySpecial Education ServicesUnilateral PlacementDue Process

References

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Heilbut v. Heilbut

Frivolous AppealSanctionsAttorney MisconductContempt of CourtDivorce ProceedingsEquitable DistributionAppellate ProcedureDelay TacticsVexatious LitigationNew York Law

Yeni Saenz vs. Kellermeyer Bergensons Services, LLC; Zurich American Dallas

QME PanelUntimely StrikeLabor Code Section 4062.2WaiverTimely SelectionReconsiderationJoint Findings and OrderWCJAppeals BoardPetition for Reconsideration

Carmel Central School Dist. v. VP Ex Rel. GP